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Intro to Criminal J.

QuestionAnswer
The principle of fairness, the ideal of moral equity Justice
Deals w/ fairness between citizens, government agencies and business in private matters Civil Justice
Violation of criminal law Criminal Justice
Seek to protects personal freedoms within the process of criminal Individual Rights Advocates
Suggests that under certain circumstances involving criminal threat to public safety, the interests of society should take procedure over individual rights Public Order Advocates
Assumes cooperation between all components of the system towards a common goal Theory
Police usually during routine patrol, observe a suspicious situation or a crime in progress Proactive
The police respond to a request for assistance either as a result of a phone call from a citizen, or are flagged down while on patrol Reactive
written issued by judicial official directing a law enforcement officer to perform a specified act and affording him/her protection from damage if he/she performs it Warrant
The taking of a person into physical custody by authority of law, for the purpose of charging Arrest
Name,address,time and place of arrest and charges are entered booking
the u.s Constitution provides that the state must prove Probable Cause to believe that a crime was committed Preliminary Hearing
reasonably intelligent & prudent person to believe that someone committed a specific crime Probable Cause
Trial date set Defendant says if pleading guilty or innocence Law To call (an accused person) before a court to answer the charge made against him or her by indictment, information, or complaint. Arraignment
If plea is not guilty the arraignment the proceedings will move forward to Trial
-fine -probation -prison -community corrections Sentencing
Sentencing -one after another Consecutively
Sentencing -Served at the same time Concurrently
A component of the criminal justice system in which the offender serves the sentence imposed Corrections
-probations -Prison -Community Corrections -Parole Corrections
asserts that fundamental principles of justice must be guaranteed in any criminal proceeding Due Process
- prohibition against unreasonable searches and seizures -The exclusionary rule prohibits the use of items obtained as a result of an unreasonable search and seizure as evidence against a criminal defendant The Fourth Amendment
- Bar against Double Jeopardy - Privilege against forced self-incrimination - Not saying anything The Fifth amendment
The Right to: - a jury trial - a public trial - a speedy trial - Confront witnesses - Compulsory process to obtain witnesses The Sixth Amendment
- Right to assistance of an attorney in felony cases The Sixth Amendment
It prohibits cruel and unusual punishment The Eight amendment
"No state shall deprive any person of life, liberty, or property without due process of law" The Fourteenth Amendment
To protect the innocent Due Process Model
- Obstacle course justice - Focus on individual rights Due Process Model
- Data created by the F.B.I - Approx. 16,00 police agencies provide data - Contains the Crime Index Uniform Crime Reports(UCR)
The index is made of Part I offences - Violent crime - Property crimes UCR
Murder Forcible Rape Robbery Aggravated assault UCR:Violent CRIMES
Burglary Larceny theft Motor vehicle Arson UCR: Property Crimes
The unlawful killing of a Human being Murder
Premeditated murder 1st degree murder
All of a sudden Murder: not planned; spur of the moment 2nd degree murder
Completely accidental Manslaughter
Excludes -Deaths caused by negligence -Suicide -Accident -Justifiable Homicides Murder
killing of two or more people over extended amt of time Serial Murder
killing of three or more at one time Mass murder
The carnal knowledge of a female forcibly and against her will -Assault or attempt to commit rape by force or threat of force Forcible Rape
One of the most underrated violent crimes Forcible Rape
Unlawful forced sexual intercourse with a female against her will that occurs within the context of a dating relationship Date Rape
Forcible sex between people who are legally married to each other Marital Rape
sexual battery, and is not counted as forcible rape by the UCR Same-sex Rape
Protects women from being questioned about their sexual history, unless it is judged to have a direct bearing on the case Rape shield laws
Unlawful inflicting of SERIOUS injury upon another person Aggravated Assault
Taking or attempted of property that is in the immediate possession of another by force or violence and/or by putting the victim in fear Robbery
Unlawful entry of a structure to commit a felony or theft Burglary
Unlawful taking or attempted taking, carrying, leading, or riding away of property from the possession of another Larceny(Theft)
a crime in which an imposter obtains key peices of informations, such as Socical Security and driver's license numbers, to obtain credit, merchandise, and services in the name of the victim Identity Theft
Someone takes your social security and/or driver's license to obtain credit,merchandise, and services of the victim Identity theft
the theft or attempted theft of a motor vehicle Motor Vehicle Theft
the taking of a motor vehicle directly from owner by force Carjacking
the burning of attempted burning of property, with or without the intent to defraud Arson
involves professional arsonist who sets fires for a fee Arson for profit
Holds that an orderly society must be governed by established principles and known codes that are applied uniformly Uses of law
U.s Constitution Declaration of Independence Statutes Case Law Common Law Development of law
An unwritten body of early judicial opinion Common Law
final authority in all questions pertaining to the rights of individuals, power of the fed gov. and the states to create laws U.s Constitution
Crimes injure not just individuals, but society as a whole Criminal Law
Offenses committed against society Criminal law
Governs relationships between parties -AN idividual is the plantiff - A violation of this law is often called a tort -The result is often only loss of money Civil law
Violation of civil law tort
- Rulings made by by government agencies - This type of law is not usually directed at criminal violations -Regulatory boards are given authority to make rules and to set standards Administrative Law
the body of judicial precedent that is historiccally built upon legal reasoning and past interpretations of statutory law Case Law
the body of Rules that regulates the processing of an offender by the criminal justice system Procedural Law
a serious crime that is punishable by a year or more in prison or by death Felony
typically limited to a year or less Misdemeanor
- Less serious than felony - usually punishable in jail Misdemeanor
u.s citizens action to help a foreign government overthrow, make war against or seriously injure the U.s - Attempt to overthrrow government of society of which one is a member - Only crime specified mentioned in the U.s constitution Treason
An offense not yet completed n offense that consists of an action or conduct that is a step toward the intended commission of another offense - Conspiracy Inchoate Offenses
"the guilty act" Thoughts alone are not sufficient to constitute a crime SPeech can constitute a crime even though there is no specific crime Actus Reus
"guilty mind" - Intent to commit a crime - Based on assumption that people have the ability to make reasonable decisions about right and wrong Mens Rea
a guilty mind and a guilty act must occur together to b able to obtain a conviction Concurrence
- Occurs where a guilty mind is not required - Purpose - to protect the public Also called absolute liability offenses Strict Liability
Requires - an unlawful killing - of a human being - intentionally - by another person - with malice First degree murder
a statement or contention by an individual charged with a crime that he or she witnessed someone covering for you Alibi
defendant admits that he committed the offense, however he believes that he should not be held criminally responisble Justification
Retreat Rule- if the oppurtunity to escape exists, the the courts require that the victim take that oppurtunity and flee Self Defense
if the opportunity to flee does not exist, then the victim can us proportionate force to defend him/herself Self defense
you have the option of defending another if the person is getting hurt Defense of others
Lessens the Publics fears - barrieres - surveillance -locks -alarms Crime prevention
Federal State Local Three levels: Jurisdiction
Created by: debrahollins11